MEA Files Proposition B Invalidation Action
On July 16, 2019, MEA sent an E-blast from attorney Ann Smith about the next steps in the ongoing Court battle against Proposition B. (Click here to review that blast.)
In her message, Ann explained that the next step in the process was to await word from the Attorney General of California on whether MEA and the other City Unions would be granted “leave to sue” to file a Prop B invalidation action in Superior Court. That invalidation action, known as “Quo Warranto” is the process needed to accomplish removing the language of Prop B from the City’s Charter.
As Ann explained, we were optimistic that our request to the AG would be granted based on the California Supreme Court’s unanimous decision in support of MEA’s claim that the City of San Diego’s placement of Prop B on the 2012 ballot violated state law.
On August 15, 2019, the Attorney General did indeed issue a formal opinion letter granting the requested leave to sue (see attachment). The AG agreed that Quo Warranto is the correct legal process to pursue invalidation, that a “substantial issue of law” needs to be resolved based on the City’s failure to bargain, and that given the Supreme Court’s ruling “it is in the public interest to have the matter of Proposition B’s validity or invalidity conclusively resolved.”
Last Friday, September 27, after receipt of the required signed documents back from the Attorney General’s Office on Thursday, September 26, MEA and the other Unions filed the Verified Complaint in Quo Warranto on behalf of the People of the State of California (see attached). This is the next (and hopefully final) round of litigation in the Prop B saga which will now proceed. The timeline of the case is unknown and will depend on several factors outside of our control, but we will keep you posted as the case moves forward.
In the meantime, and as always, don’t hesitate to contact your MEA representative at 619-264-6632 regarding this or any other issue.
Prop B Attorney General Leave to Sue
Prop B Quo Warranto September 27 Filing